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Australia’s Awards system is defined by its complexity

Ai Group’s Annotated Awards are defined by their clarity

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As part of the redundancy process, an employer is required to consult with award or agreement covered employees. There may also be a requirement to consult under a contract of employment. In situations where an employer is not strictly obliged to consult with an employee (e.g. where an employee is award-free or agreement-free and there is no contractual obligation to consult), it is best practice to undertake some form of consultation with the employee.

For award or agreement covered employees, an employer must discuss the introduction of the changes, the effects the changes are likely to have on the employees and measures to avert or mitigate any adverse effects. These discussions must be had with the employees and their representatives (if any).

For these discussions, an employer must provide in writing to the employees and their representatives (if any), all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on the employees and any other matters that are likely to affect the employees. An employer is not required to disclose confidential information which would be contrary to the employer’s interests.

This letter is designed to assist members to ensure they are meeting their consultation obligations.

Note: employee representatives (where applicable) must be included in the consultation process and be provided with all relevant information in writing. Where there is a union presence, members are encouraged to contact the Ai Group Workplace Advice Line on 13 00 55 66 77 to discuss specific consultation obligations under an award or enterprise agreement

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